Malpractice lawyers flay emergency room bill

Medical malpractice lawyers in Utah say a bill intended to improve emergency room and reduce so-called frivolous lawsuits will actually promote sloppy medicine.

SB79 intends to fill a gap in emergency room on-call personnel, many of whom — particularly specialists — are shying away from the shift because situations are rife with unknowns, and unknowns in medical care are rife with malpractice lawsuits, warranted or not, says sponsor Sen. Peter Knudsen, R-Brigham City.

Its intent is ambiguous in approach, but its result is clear, said attorney Jim McConkie. "It replaces the nationally recognized standard of care with a local Utah standard of care that is much lower."

McConkie is among a group rallying against the bill, which was sent to the floor for consideration last week.

The bill implies it is targeting medical cost containment, but it avoids the chief source of medical care — redundant testing ordered by physicians, or so-called defensive medicine, said Laura Polacheck, speaking for the local American Association of Retired Persons.

McConkie and Lawyers for Good Medical Care in Utah want SB79 defeated because in effect it will "institutionalize bad medicine in Utah and make it virtually impossible for lawyers to sue doctors for negligently cutting off the wrong leg," said attorney Joe Steele.

McConkie said the idea runs counter to Utah's recent near-top ratings nationally for quality and value of services.

"It is ironic," he said. "Why does IHC, Pioneer Valley Hospital and other health-care providers favor a bill that gives hospitals and doctors a free pass? In Utah, patients ought to be able to expect medical care that is on a par with our neighboring states? Profit motive should not be placed in front of good care."

Under the bill, in-state doctors would be protected from out-of-state, expert scrutiny, he said, by expert witnesses requiring them to associate with local doctors and voluntarily subject themselves to the Utah Medical Association.

UMA believes the bill is a common sense, incremental step in the reformation of the health-care system in Utah. Spokesman Dr. Cris Cowley told committee members before they sent the bill forward last week that doctors are caught in the middle — criticized for doing a test and adding to the cost of care, then they are sued later for not doing the test.

E-mail: jthalman@desnews.com